Florida Statute 831.31 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 831
FORGERY AND COUNTERFEITING

View Entire Chapter

F.S. 831.31

831.31 Counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver.—

(1) It is unlawful for any person to sell, manufacture, or deliver, or to possess with intent to sell, manufacture, or deliver, a counterfeit controlled substance. Any person who violates this subsection with respect to:

(a) A controlled substance named or described in s. 893.03(1), (2), (3), or (4) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A controlled substance named or described in s. 893.03(5) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) For purposes of this section, “counterfeit controlled substance” means:

(a) A controlled substance named or described in s. 893.03 which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, or number, or any likeness thereof, of a manufacturer other than the person who in fact manufactured the controlled substance; or

(b) Any substance which is falsely identified as a controlled substance named or described in s. 893.03.

History.—s. 2, ch. 81-53; s. 4, ch. 89-281; s. 2, ch. 92-19; s. 102, ch. 97-264; s. 104, ch. 99-3; s. 8, ch. 99-186; s. 18, ch. 2000-320; s. 8, ch. 2002-78; s. 27, ch. 2016-105; s. 4, ch. 2019-166.

F.S. 831.31 on Google Scholar

F.S. 831.31 on Casetext

Amendments to 831.31

Arrestable Offenses / Crimes under Fla. Stat. 831.31

Level: Degree
Misdemeanor/Felony: First/Second/Third

S831.31 1a - DANGEROUS DRUGS - SELL MFG DEL CONTFT POSS WIT SCHED I II III IV - F: T

S831.31 1b - DANGEROUS DRUGS - SELL MFG DELIVER POSSESS WIT CONTRFT SCHED V - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 831.31

Total Results: 17

JOHNNY RAY GRAHAM v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-11T00:53:00-07:00

Snippet: 893.03. § 831.31(2), Fla. Stat. (2020). Thus, for the State to prove a violation of section 831.31(1)(a),…substance with intent to sell, a violation of section 831.31(a), Florida Statutes (2020); in Count II, it charged… 2 Appellant argues that section 831.31 requires that the counterfeit substance either …charged offense as a matter of law”). Section 831.31, Florida Statutes (2020), addresses “[c]ounterfeit…s. 775.082, s. 775.083, or s. 775.084. § 831.31(1)(a), Fla. Stat. (2020). Cocaine is a substance

Greenwade v. State

Court: Fla. | Date Filed: 2013-10-17T00:00:00-07:00

Citation: 124 So. 3d 215, 38 Fla. L. Weekly Supp. 717, 2013 WL 5641794, 2013 Fla. LEXIS 2284

Snippet: counterfeit and look-alike substances less harshly. See § 831.31, Fla. Stat. (2009); § 817.563, Fla. Stat. (2009…substance. § 817.563, Fla. Stat. (2009). While section 831.31(1) provides: It is unlawful for any person to sell…deliver, a counterfeit controlled substance.[5] § 831.31(1), Fla. Stat. (2009). Violators of these sections…second-degree misdemean- or to a third-degree felony. See § 831.31, Fla. Stat.; § 817.563, Fla. Stat. A second-degree…counterfeit controlled substance” is defined by section 831.31(2)(a), Florida Statutes (2009), as: A controlled

State v. Eugui

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-25T00:00:00-07:00

Citation: 60 So. 3d 1185, 2011 Fla. App. LEXIS 7586, 2011 WL 2031337

Snippet: delivery of a counterfeit controlled substance. See § 831.31, Fla. Stat. (2009). The trial court based the dismissal

Bedford v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-01T23:53:00-08:00

Citation: 970 So. 2d 935

Snippet: counterfeit controlled substance, a violation of section 831.31, Florida Statutes. That charge would have been

J.L.F. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-19T00:00:00-08:00

Citation: 887 So. 2d 432, 2004 Fla. App. LEXIS 17812

Snippet: with in*433tent to sell in violation of section 831.31(l)(a), Florida Statutes (2001). J.L.F. contends…sell or deliver may not be obtained under section 831.31. We therefore reverse the orders of delinquency…controlled substance with intent to sell under section 831.31, Florida Statutes. The trial court denied the motion… elements of the offense. Specifically, section 831.31 makes it a crime to “possess with intent to sell…sell ... a counterfeit controlled substance.” § 831.31(1), Fla. Stat. (2001). A “counterfeit controlled

JLF v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-18T23:53:00-08:00

Citation: 887 So. 2d 432

Snippet: with intent *433 to sell in violation of section 831.31(1)(a), Florida Statutes (2001). J.L.F. contends…sell or deliver may not be obtained under section 831.31. We therefore reverse the orders of delinquency…controlled substance with intent to sell under section 831.31, Florida Statutes. The trial court denied the motion… elements of the offense. Specifically, section 831.31 makes it a crime to "possess with intent to…... a counterfeit controlled substance." § 831.31(1), Fla. Stat. (2001). A "counterfeit controlled

Damen v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-08-17T00:53:00-07:00

Citation: 793 So. 2d 106

Snippet: sustain Mr. Damen's conviction. In section 831.31, Florida Statutes (1999), which prohibits the possession

Durr v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-08-05T00:53:00-07:00

Citation: 583 So. 2d 424

Snippet: counterfeit controlled substance, contrary to section 831.31(1)(a), Florida Statutes (1989). We reverse, with…cocaine, but was not. Durr was charged under section 831.31, which makes it unlawful to possess with intent…substance." The latter term is defined in section 831.31(2)(b) as "[a]ny substance which is falsely…He moved to dismiss the subsequent charge under 831.31, and the trial court denied the motion. This court

Warner v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-06-11T00:00:00-07:00

Citation: 581 So. 2d 232, 1991 Fla. App. LEXIS 6288

Snippet: pursuant to a conviction for a violation of section 831.31, Florida Statutes (1989). Appellant contends that…possession of fake cocaine is controlled by section 831.31, that section is apparently intended to reach counterfeiting

Adderly v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1990-12-18T23:53:00-08:00

Citation: 571 So. 2d 557

Snippet: to dismiss. The appellant contends that section 831.31, Florida Statutes (1989), under which he was charged…reverse the defendant's conviction. Section 831.31 states: (2) For purposes of this section, "…that the trial court's application of section 831.31, Florida Statutes, exceeded the intended scope

State v. Pellicci

Court: Fla. Dist. Ct. App. | Date Filed: 1985-06-05T00:00:00-07:00

Citation: 469 So. 2d 957, 10 Fla. L. Weekly 1381, 1985 Fla. App. LEXIS 14336

Snippet: Pellicci on the grounds that sections 817.563 and 831.-31, Florida Statutes (1983), are unconstitutional.

Vanhoosen v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1985-05-29T00:53:00-07:00

Citation: 469 So. 2d 230

Snippet: with intent to deliver, in violation of section 831.31, Florida Statutes. Appellant pled nolo contendere…with the intent to deliver in violation of section 831.31, Florida Statutes. Appellant moved to dismiss pursuant…presented by appellant. He relates that section 831.31(2)(b), the only portion of the statute under which…substances and thus that the requirements of section 831.31(2)(b) could not be met, material disputes of fact

State v. Bussey

Court: Fla. | Date Filed: 1985-02-06T23:53:00-08:00

Citation: 463 So. 2d 1141

Snippet: distinguished from "counterfeit drugs." Section 831.31, Florida Statutes (1981), prohibits the sale, manufacture…authorization. Both section 817.563 and section 831.31 were enacted as parts of chapter 81-53, Laws of

State v. Hayes

Court: Fla. Dist. Ct. App. | Date Filed: 1984-03-21T00:00:00-08:00

Citation: 446 So. 2d 1185, 1984 Fla. App. LEXIS 12325

Snippet: erred in ruling that the provisions of section 831.31, Florida Statutes (1981),1 were *1186facially unconstitutional… such element renders the statute void. Section 831.31, as noted in its title, is directed to the problem…apparently a valid controlled substance. Section 831.31 is also unlike section 893.-13(2)(a)7, Florida … uphold the facial constitutionality of section 831.31 and reverse and remand this cause for further proceedings…, C.J., and BERANEK and HURLEY, JJ., concur. . 831.31 Counterfeit controlled substance; sale, manufacture

State v. Bussey

Court: Fla. Dist. Ct. App. | Date Filed: 1984-01-10T23:53:00-08:00

Citation: 444 So. 2d 63

Snippet: counterfeit drug statute in this state. See Section 831.31, Florida Statutes (1981), which makes it unlawful

Twinn v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1983-11-28T23:53:00-08:00

Citation: 442 So. 2d 286

Snippet: substance provision of the Florida Statutes, § 831.31, Fla. Stat. (1981). Twinn argues, and we agree,…it was inappropriate to charge him under section 831.31 rather than section 817.563, Florida Statutes (

Henderson Waits Lumber Co. v. Croft

Court: Fla. | Date Filed: 1925-02-18T00:00:00-08:00

Citation: 103 So. 414, 89 Fla. 119

Snippet: ; Central of Georgia Ry. Co. v. State, 104 Ga. 831, 31 S.E. Rep. 531; Kennedy v. Meara, 127 Ga. 68, 56